Program Reform Commission Act

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 973 Introduced in House (IH)]

109th CONGRESS
1st Session
H. R. 973

To establish the Program Reform Commission to review unnecessary
Federal programs and make recommendations for termination,
modification, or retention of such programs, and to express the sense
of the Congress that the Congress should promptly consider legislation
that would make the changes in law necessary to implement the
recommendations.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 17, 2005

Mr. Smith of Washington (for himself, Mr. Shays, Mr. Sherman, Mr.
English of Pennsylvania, Mr. Kind, Mr. Wolf, Mr. Emanuel, Mr. Hefley,
and Mr. Davis of Florida) introduced the following bill; which was
referred to the Committee on Government Reform

_______________________________________________________________________

A BILL

To establish the Program Reform Commission to review unnecessary
Federal programs and make recommendations for termination,
modification, or retention of such programs, and to express the sense
of the Congress that the Congress should promptly consider legislation
that would make the changes in law necessary to implement the
recommendations.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Program Reform Commission Act''.

SEC. 2. FINDINGS.

The Congress finds that--
(1) Federal programs which may have been enacted with a
valid purpose can become obsolete, or no longer in the public
interest, making such programs unnecessary or undesired;
(2) it is unfair to force the United States taxpayer to
support unnecessary programs that do not provide a substantial
public benefit or serve the public interest;
(3) the Congress has been unable to evaluate methodically
those Federal programs that are unfair and unnecessary and
require reform or elimination; and
(4) a Commission to advise the Congress is essential to a
comprehensive review of such programs and to the reform or
elimination of such programs.

SEC. 3. PURPOSE.

The purpose of this Act is to establish a fair and deliberative
process that will result in the timely identification, review, and
reform or elimination of programs of the Federal Government.

SEC. 4. DEFINITION.

For purposes of this Act, the term ``program''--
(1) except as provided in paragraph (2), means a system of
services or projects that is provided by the Federal
Government; and
(2) does not include a service or project that exists for
the purposes of research and development in the broad public
interest on the basis of a peer reviewed or other open,
competitive, merit-based procedure.

SEC. 5. THE COMMISSION.

(a) Establishment.--There is established within the legislative
branch of the Federal Government an independent commission to be known
as the ``Program Reform Commission'' (hereafter in this Act referred to
as the ``Commission'').
(b) Duties.--The Commission shall--
(1) examine the programs of the Federal Government and
identify programs that are no longer necessary;
(2) review unnecessary programs; and
(3) submit the report required under section 6(c) to the
Congress, making recommendations regarding the termination,
modification, or retention of programs.
(c) Appointment.--
(1) Members.--The Commission shall be composed of 8
members, of whom--
(A) 2 shall be appointed by the Speaker of the
House of Representatives;
(B) 2 shall be appointed by the minority leader of
the House of Representatives;
(C) 2 shall be appointed by the majority leader of
the Senate, one of whom shall be designated by the
majority leader to serve as a co-chair; and
(D) 2 shall be appointed by the minority leader of
the Senate, one of whom shall be designated by the
minority leader to serve as a co-chair.
(2) Consultation required.--The Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate shall consult among themselves
prior to the appointment of the members of the Commission in
order to achieve, to the maximum extent possible, fair and
equitable representation of various points of view with respect
to the matters to be studied by the Commission under subsection
(b).
(3) Background.--The members of the Commission shall
represent a broad array of expertise covering, to the extent
practical, all subject matter, programs, and laws the
Commission is likely to review.
(4) Limitation on federal officer.--No officer or employee
of a Federal agency may serve as a member of the Commission.
(5) Terms.--The members of the Commission shall be
appointed for the life of the Commission.
(d) Meetings.--
(1) Initial meeting.--No later than April 1, 2006, the
Commission shall conduct its first meeting.
(2) Open meetings.--Each meeting of the Commission shall be
open to the public, except that in cases in which classified
information, trade secrets, or personnel matters are discussed,
the co-chairs may close the meeting. All proceedings,
information, and deliberations of the Commission shall be
available, upon request, to the Chairman and ranking minority
member of the relevant Committee of the Congress having
jurisdiction to report legislation regarding the subject matter
thereof.
(e) Vacancies.--A vacancy on the Commission shall be filled in the
same manner as the original appointment.
(f) Pay and Travel Expenses.--
(1) Pay.--Each member of the Commission, other than the co-
chairs, shall be paid at a rate equal to the daily equivalent
of the minimum annual rate of basic pay for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the actual performance of duties vested in
the Commission.
(2) Chairmen.--The co-chairs shall be paid for each day
referred to in paragraph (1) at a rate equal to the daily
payment of the minimum annual rate of basic pay payable for
level III of the Executive Schedule under section 5314 of title
5, United States Code.
(3) Travel expenses.--Members of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with section 5702 and 5703 of title
5, United States Code.
(g) Director of Staff.--
(1) Qualifications.--The co-chairs shall appoint as
Director an individual who has not, during the 12 months
preceding the date of such appointment, served in any of the
entities or industries that the Commission intends to review.
(2) Pay.--The Director shall be paid at the rate of basic
pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(3) Reports.--The Director shall submit periodic reports on
administrative and personnel matters to the co-chairs of the
Commission and the Chairman and ranking minority member of the
Committee on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of the
Representatives.
(h) Staff.--
(1) Additional personnel.--Subject to paragraphs (2) and
(4), the Director, with the approval of the Commission, may
appoint and fix the pay of additional personnel.
(2) Appointments.--The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Legal staff.--The Director shall appoint under
paragraph (2) such professional legal staff as are necessary
for the performance of the functions of the Commission.
(4) Detailees.--Upon the request of the Director, the head
of any Federal department or agency may detail any of the
personnel of that department or agency to the Commission to
assist the Commission in accordance with an agreement entered
into with the Commission.
(5) Restrictions on personnel and detailees.--The following
restrictions shall apply to personnel and detailees of the
Commission:
(A) Personnel.--No more than one-third of the
personnel detailed to the Commission may be on detail
from Federal agencies that deal directly or indirectly
with the Federal subsidies the Commission intends to
review.
(B) Analysts.--No more than one-fifth of the
professional analysts of the Commission may be persons
detailed from a Federal agency that deals directly or
indirectly with the Federal subsidies the Commission
intends to review.
(C) Lead analyst.--No person detailed from a
Federal agency to the Commission may be assigned as the
lead professional analyst with respect to an entity or
industry the Commission intends to review if the person
has been involved in regulatory or policymaking
decisions affecting any such entity or industry in the
12 months preceding such assignment.
(D) Detailee.--A person may not be detailed from a
Federal agency to the Commission if, within 12 months
before the detail is to begin, that person participated
personally and substantially in any matter within that
particular agency concerning the preparation of
recommendations under this Act.
(E) Federal officer or employee.--No officer or
employee of a Federal agency may--
(i) prepare any report concerning the
effectiveness, fitness, or efficiency of the
performance on the staff of the Commission of
any person detailed from a Federal agency to
that staff;
(ii) review the preparation of such report;
or
(iii) approve or disapprove such a report.
(F) Number of staff.--
(i) Restriction on number of staff.--
Subject to clause (ii), there may not be more
than 25 persons (including any detailees) on
the staff at any time.
(ii) Notification of increase.--The
Commission may increase the member of its
personnel in excess of the limitation under
clause (i), 15 days after submitting
notification of such increase to the Committee
on Governmental Affairs of the Senate and the
Committee on Government Reform of the House of
Representatives.
(G) Prohibition of compensation.--Members of the
staff of the Commission who are full-time officers or
employees of the United States may not receive
additional pay, allowances, or benefits by reason of
their service for the Commission.
(6) Assistance.--
(A) In general.--The Comptroller General of the
United States may provide assistance, including the
detailing of employees, to the Commission in accordance
with an agreement entered into with the Commission.
(B) Consultation.--The Commission and the
Comptroller General of the United States shall consult
with the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the
House of Representatives on the agreement referred to
under subparagraph (A) before entering into such
agreement.
(i) Other Authority.--
(1) Experts and consultants.--The Commission may procure by
contract the temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5, United States
Code.
(2) Leasing.--The Commission may lease space and acquire
personal property.
(3) Limitation on contract authority.--The authority to
enter into contracts under this subsection shall be available
only to the extent or in the amounts provided in advance in
appropriation Acts.
(j) Funding.--There are authorized to be appropriated to the
Commission $4,000,000 to carry out its duties under this Act.
(k) Termination.--The Commission shall terminate on January 1,
2008.

SEC. 6. PROCEDURE FOR MAKING RECOMMENDATIONS TO TERMINATE PROGRAMS.

(a) Agency Plan.--
(1) In general.--The head of each Federal department or
agency shall include in the documents submitted in support of
the budget of the agency for fiscal year 2007 a list
identifying all programs administered by that department or
agency that the head of the department or agency determines no
longer are necessary.
(2) Contents.--Such list shall include--
(A) a detailed description of each program in
question;
(B) a statement identifying and detailing the
extent to which each service or project of the program
meets the provisions of section 4;
(C) a statement summarizing the legislative history
and purpose of such services or projects and the laws
or policies directly or indirectly giving rise to the
need for such programs; and
(D) a recommendation to the Commission regarding
the termination, modification, or retention of each
program identified in the list.
(b) Review by the Commission.--
(1) In general.--At any time after the submission of the
budget documents to the Congress, the Commission shall conduct
public hearings on the termination, modification, or retention
of programs, including the recommendations included in the
lists required under subsection (a).
(2) Testimony under oath.--All testimony before the
Commission at a public hearing conducted under this paragraph
shall be presented under oath.
(c) Report and Recommendations of Commission.--
(1) Report to congress.--
(A) Requirement.--No later than March 31, 2007, the
Commission shall submit a report to the Congress
containing the Commission's findings and
recommendations for termination, modification, or
retention of each of the programs reviewed by the
Commission.
(B) Contents.--Such findings and recommendations
shall specify--
(i) all actions, circumstances, and
considerations relating to or bearing upon the
recommendations; and
(ii) to the maximum extent practicable, the
estimated effect of the recommendations upon
the policies, laws, and programs directly or
indirectly affected by the recommendations.
(C) Supermajority requirement.--The Commission may
not include a recommendation in the report unless
inclusion of the recommendation is approved by at least
6 members of the Commission.
(2) Information and justifications.--The Commission shall
include in its report information specifying--
(A) the reasons and justifications for the
recommendations of the Commission;
(B) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary impact of
accepting its recommendations;
(C) the amount of the projected savings resulting
from each of its recommendations;
(D) all actions, circumstances, and considerations
relating to or bearing upon the recommendations and to
the maximum extent practicable, the estimated effect of
the recommendations upon the policies, laws and
programs directly or indirectly affected by the
recommendations; and
(E) the specific changes in Federal statutes
necessary to implement the recommendations, including
citation of the relevant provisions of existing law.
(3) Submission to congress.--The report submitted to the
Congress under this subsection shall be submitted to the Senate
and the House of Representatives on the same day, and shall be
delivered to the Secretary of the Senate if the Senate is not
in session, and to the Clerk of the House of the
Representatives if the House is not in session.
(4) Federal register.--The report submitted under this
subsection shall be printed in the first issue of the Federal
Register after such submission.
(5) Changes in agency or department recommendations.--
(A) In general.--Subject to the deadline in
paragraph (1) and to subparagraphs (B) and (C) of this
paragraph, in making its recommendations, the
Commission may make changes in any of the
recommendations made by a department or agency if the
Commission determines that such department or agency,
in treating any matter as an inequitable Federal
subsidy, deviated substantially from the provisions of
section 4.
(B) Limitation.--The Commission may make a change
in the recommendations made by a department or agency,
only if the Commission--
(i) makes the determination required under
subparagraph (B); and
(ii) conducts a public hearing on the
Commission's proposed changes.
(C) Application of limitation.--Subparagraph (B)
shall apply only to a change by the Commission in a
department or agency recommendation that would--
(i) add or delete a program to or from,
respectively, the list recommended for
termination;
(ii) add or delete a program to or from,
respectively, the list recommended for
modification; or
(iii) increase or decrease the extent of a
recommendation to modify a program, included in
a department's or agency's recommendation.
(D) Justification.--The Commission shall explain
and justify in the report submitted to the Congress
under this subsection any recommendation made by the
Commission that is different from a recommendation made
by an agency under subsection (a).
(6) Provision of information to members of congress.--After
March 31, 2007, the Commission shall, upon request, promptly
provide to any Member of Congress the information used by the
Commission in making its recommendations.
(7) Comptroller general.--The Comptroller General of the
United States shall--
(A) assist the Commission, to the extent requested,
in the Commission's review and analysis of the lists,
statements, and recommendations made by departments and
agencies under subsection (a); and
(B) no later than 60 days after April 1, 2006, or
60 days after the public release of the President's
budget documents for fiscal year 2007, whichever is
earlier, submit to the Congress and to the Commission a
report containing a detailed analysis of the list,
statements, and recommendations of each department or
agency.

SEC. 7. CONGRESSIONAL ACTION ON COMMISSION RECOMMENDATIONS.

It is the sense of the Congress that, following submission of the
report of the Program Reform Commission under section 6, the House of
Representatives and the Senate should promptly consider legislation
that would enact changes in Federal statutes necessary to implement the
recommendations of the Commission.
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